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SCOTT v. STATE

No. 01-95-00479-CR.

916 S.W.2d 40 (1995)

Shannon Neil SCOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

December 21, 1995.

Attorney(s) appearing for the Case

Vivian R. King, Houston, for appellant.

John B. Holmes, Jr., Calvin A. Hartmann, Kevin Keating, Houston, for appellee.

Before HUTSON-DUNN, O'CONNOR and ANDELL, JJ.

OPINION

HUTSON-DUNN, Justice.

Appellant, Shannon Neil Scott, was indicted on October 19, 1994 for the offense of auto theft under former section 31.03(e)(4)(A) of the Penal Code. Appellant committed the theft on July 3, 1994. Appellant's attorney asked the trial court, off the record, to punish him under the amended Penal Code for a state jail felony, which became effective September 1, 1994. The trial court denied...

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